Puma Europe Limited, owner of the brand Puma, recently filed an application for trademark territorial extension to the Trademark Office under the State Administration for Industry and Commerce (SAIC) of China, for its trademark "WINDCELL and image" registered on clothes and shoes in German. The application was rejected by the Trademark Review and Adjudication Board (TRAB) of SAIC for prior trademark applications in China. Puma then filed a lawsuit against TRAB. The case recently was tried in Beijing Higher People's Court. The original adjudication of TRAB was affirmed.
The application was for No. G1105909 trademark "WINDCELL and image", registered on the 25th classification products of clothes, shoes and hats, filed by Puma in November 2011 in original territory of Germany. The reference trademarks were No. 1190722 "WIND" and No. 633486 "wind", ratified use of the 25th classification products, and were both registered earlier than "WINDCELL and image".
The International Bureau of WIPO sent notice for territorial extension to the Trademark Office under SAIC of China in February 2012. The Trademark Office rejected the application in August 2012. After its review application being rejected by TRAB, Puma filed a lawsuit to Beijing No.1 Intermediate People's Court.
The Court held that, the trademark application was made up by text "WINDCELL" and its image; the text contained the texts of referenced trademarks, making them similar marks; the trademarks were all registered in the same classification products, making them similar trademarks on same or similar products. Thus the Court made the decision to affirm the adjudication of TRAB. Puma appealed to the Higher Court, and the Higher Court affirmed the first decision.